Rule 11 of the Rules and Regulations of GHAMRO sets out the details of how Article 7(g) can be invoked. Rule 11 provides that:-
a) that the member serves a written notice ("the Notice") on the secretary of GHAMRO at the registered office of GHAMRO in a form prescribed by GHAMRO from time to time, not less than two months prior to the event or events in respect of which the licence is required. The Notice shall include the following:-
(i) the date or dates and approximate time or times on which the *Event (or series of consecutive Events) specified in the Notice is or are to take place;
(ii) the place or places within the Republic of Ghana at which the Event (or series of consecutive Events) specified in the Notice is or are to take place;
(iii) the particular Work or Works in respect of which the Member giving the Notice require GHAMRO to grant to that Member a non-exclusive licence for the performance of the Work or Works in public;
(iv) the name or names of the person or persons who will perform the Work or Works at the Event or Events;
(v) evidence to the satisfaction of GHAMRO that all the Works to be performed at the Event or Events will be subject to a licence granted pursuant to this Rule.
(b) that the Member giving the Notice shall furnish to the secretary of GHAMRO a written consent and release (in a form prescribed by GHAMRO from time to time) from all Persons interested in the Performing Right in the Work or Works specified in the Notice consenting to the proposed performance and releasing GHAMRO from any obligation to collect any royalty or other sums in respect of the performance of such Work or Works at the Event or Events in respect of the Performing Rights administered by GHAMRO for such persons.
For the purposes of this Rule 11:-
*"Event" means one day's performance of a Work or Works in public at a venue in the Republic of Ghana."
Licensing Procedures Article 7(f) Article 7(f)
Under this procedure, GHAMRO may, on request within 21 days of the commencement of the show, return to members the whole or any part of the performing right in any of their works to enable members, copyright owners or authorized third parties to license certain performances themselves in particular circumstances, examples of which are set out below. Once a member has made a request to GHAMRO and the terms are agreed, the procedure is that GHAMRO gives formal notice to the member or members concerned, pursuant to Article 7(f) of its Articles of Association, that it "declines to exercise" the relevant part of the performing right in the works in question. Additionally, it is required that the royalty rate charged by the member will not be lower than the appropriate GHAMRO tariff rate, and that an exclusive licence is granted, in a defined context, for the performances which are the subject of the notice.
a) Compilation Shows
In recent years it has become increasingly common for musical works which were not originally written for the theatre to be used in theatrical productions of a type which have become known as "compilation shows". Such fixed-format, title shows often depict the life or career of a particular composer or performer, and feature many songs or other well-known musical works which were written or performed by the character concerned. Owners of the copyright in songs and other works of American origin often claim that this use of their works constitutes a "dramatic" performance falling outside the scope of the mandate given to the US society to which they belong, and that in consequence GHAMRO has no authority to licence such uses; however, in some cases GHAMRO can acquire these rights through the Ghana sub-publisher. As regards works by GHAMRO author members, GHAMRO does control such uses, and therefore, performances of these works in compilation shows are licensed by GHAMRO, or by the member in accordance with the 7(f) procedure as explained above.
b) Interpolated Music in Plays
"Interpolated music" is music not specially written for a theatrical production, which is performed by, or intended to be audible to, a character or characters in the production. The performance of pre-existing musical works interpolated in plays, whether or not such works are excerpts from dramatico-musical works, can be licensed under the 7(f) procedure.
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